Terms of Service

Last Updated: October 8, 2024

The following website terms of service (these "Terms") govern your use of all web pages located at iTick.org (collectively, the "Website"). The Website is owned and operated by iTick.org, Inc. (referred to as "iTick", "we", "us", or "our"). Accessing and using this Website is conditioned on your acceptance of all terms and conditions contained herein and all other operating rules, policies, and terms on this Website.

Please note that these Terms are in addition to any other terms of service or separate agreements you may have with "iTick" governing your use of software, products, services, content, tools, and market data provided by "iTick" (in the event of a conflict, these Terms and Conditions shall prevail).

If you do not agree to these Terms, do not use this Website or download any materials from it. If you do not agree to these Terms or cannot continue to comply with them, you may not access or use this Website. If you accept these Terms on behalf of a legal entity (including a business or government agency), you represent and warrant that you have the full legal authority to bind that entity to these Terms.

1. License

Provided you comply with these Terms and other applicable "iTick" policies, we grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the Website and access and receive services intended for public display or access. Any rights not expressly granted to you in these Terms are strictly reserved by "iTick".

(a) You may not reproduce or distribute any part of the Website or Services in any medium without our prior written authorization, except as necessary for your normal use of the Website;

(b) You may not alter or modify any part of the Website unless necessary for its intended use;

(c) You will comply with these Terms and all other applicable "iTick" policies.

2. Intellectual Property

Unless otherwise stated, product names, designs, logos, headings, text, images, audio, video, and other content within the Website are trademarks, service marks, trade names, copyrights, or other property (collectively, "iTick's Intellectual Property") of iTick or its third-party content providers (collectively, "Third-Party Intellectual Property"). The "look and feel" of the Website (including color combinations, layout, design, and all other graphic elements) is protected by U.S. copyright and trademark laws. No content on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of iTick's Intellectual Property or Third-Party Intellectual Property displayed on the Website without the written permission of iTick. iTick reserves all rights to the Website and its content. You acknowledge and agree that the content of the Website (including iTick's Intellectual Property and Third-Party Intellectual Property) is protected by U.S. and foreign copyright laws.

3. User-Submitted Content

Any content, material, information, or other communication you send or post to this Website, including but not limited to data, questions, comments, feedback, suggestions, etc. (collectively, "Communications") will be considered non-confidential and non-proprietary. By sending or posting any Communications to this Website, you grant iTick a worldwide, royalty-free, fully paid, perpetual, irrevocable, fully transferable, assignable, and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works, distribute, display, and otherwise exploit such Communications in any form, media, or technology (whether now known or hereafter designed or developed) throughout the world. iTick has no obligation to any Communications, including, to the extent permitted by law, any obligation to retain or provide you with copies of Communications or to ensure their confidentiality.

In addition, any Communications, including all data, images, sounds, text, and other content contained therein, may be edited, published, or unpublished on the Website by iTick or on behalf of iTick, and iTick may use them for any purpose, including reproduction, disclosure, distribution, transmission, publication, broadcasting, and posting, all at the sole discretion of iTick. iTick may use Communications for any commercial or non-commercial purposes, including but not limited to using this information to develop, manufacture, and market products.

4. Linking to the Website

According to these Terms, you may link to the homepage of the Website, provided that you do so in a fair and legal manner and in a way that does not damage our reputation or take advantage of it. You must not establish links in a way that suggests any form of association, approval, or endorsement by us. You must not create links to the Website from any site that does not belong to you. The Website must not be framed on any other site, and you must not create links to any part of the Website other than the homepage. We reserve the right to revoke linking permission without notice. If you wish to link to or use any content on the Website beyond what is stated above, please contact: [email protected]

5. Acceptable Use

Prohibited:

  • Use the Site in any manner that violates applicable laws or regulations;
  • Use iTick Content in a manner that competes with iTick products, or as a substitute for iTick products or otherwise diminishes their value;
  • Use iTick Content on any website or in any manner that could reasonably damage iTick's brand or reputation, including any website that demeans or harasses anyone based on their immutable or protected characteristics, pornographic websites, websites that infringe on anyone's intellectual property rights, or websites that engage in illegal activities;
  • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other communication on the Site that violates any law;
  • Post or transmit any communication that could constitute or encourage conduct that could be considered harmful, fraudulent, tortious, offensive, illegal, or that gives rise to civil liability;
  • Post or transmit any communication that contains a virus, worm, malware, Trojan horse or other harmful, destructive or contaminating content;
  • Post or transmit any unsolicited messages, promotions, advertising or solicitations (such as "spam") or machine or randomly generated messages;
  • Reproduce, modify, publish, transmit, distribute, transfer, sell, create derivative works from or in any way exploit any material accessible through the Site that is not submitted or provided by you, including using any robot, spider, crawler, script, deep link or other similar automated gathering or extraction tool, program, algorithm or methodology, unless you obtain iTick's prior written consent;
  • Use the Site to advertise, market, sell or otherwise promote any commercial enterprise that you own, are employed or otherwise compensated for directly or indirectly;
  • Use the Site in any way to violate the security or integrity of any network, computer or communications system, software application or network or computing device, or otherwise attempt to damage or tamper with iTick's servers;
  • Modify, adapt, translate, copy, reverse engineer, crawl, scrape, decompile or disassemble any part of the Site;
  • Attempt to probe, scan or test the vulnerability of the Site's system or network or attempt to breach security or authentication measures without proper authorization;
  • Take any action that imposes or may impose an unreasonable or disproportionate load on our infrastructure (as determined by iTick in its sole discretion),
  • Attempt to gain unauthorized access to any Site or other account through hacking, password mining or other means;
  • Use or encourage, promote, assist or direct others to use the Site in any manner not expressly permitted by these Terms;
6. Right to Monitor the Website

iTick has the right (but not the obligation) to monitor activities on the Website and investigate any violations of this Agreement or misuse of the Website. If you discover any violation of these Terms or any misuse of the Website, you must immediately notify us and provide assistance as required to stop or correct the violation. iTick will fully cooperate with any law enforcement agency or court order requiring or directing iTick to disclose the identity of any person who posts any information or materials or to help identify or locate them. iTick also has the right (but not the obligation) to refuse or remove any communications from the Website or terminate or deny access to and use of the Website for any reason. iTick is not obligated to enforce these Terms on your behalf against other users. iTick reserves the right to take appropriate action at its sole discretion.

7. Links to Other Materials

The Website may contain links to third-party websites where you can obtain information or use services. Linked websites are not under the control of iTick, and iTick is not responsible for the content of any linked website or any links contained in a linked website (including, but not limited to, the truthfulness or accuracy of any statements or other content). iTick reserves the right to terminate any link or linking program at any time. iTick has not reviewed all the information contained in the linked websites and does not endorse the companies, products, or websites it links to, and retains the right to disclaim such endorsements throughout the Website. If you decide to access any third-party website linked to this Website, you do so entirely at your own risk.

8. Privacy

iTick's use of any personal data you provide through accessing or using the Website is governed by iTick's Privacy Policy. By using the Website or providing information through the Website, you agree to all actions we take with your information in accordance with our Privacy Policy.

9. References to Financial Assets

The information contained on this Website, including but not limited to statements and statistics obtained from reliable sources, cannot be guaranteed for accuracy or completeness. Any mention of specific financial assets or investment advice of any kind does not constitute an offer to buy or sell financial assets and is not intended to constitute any type of investment advice.

10. Indemnification

You agree to indemnify, defend, and hold harmless iTick, its third-party suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, costs, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Website (including, but not limited to, your violation of these Terms). iTick reserves the right to control the defense of these claims at your expense. You agree not to settle any claim without the prior written consent of iTick. You agree to promptly notify iTick in writing of any claim. This indemnification and defense obligation will survive these Terms and your use of the Website.

11. Disclaimer and Limitation of Liability

Use of this Website is at your own risk. By using the Website, you agree and acknowledge that the materials on the Website are provided "as is" and "as available," without any express or implied warranties, including but not limited to warranties of merchantability, non-infringement of intellectual property rights, or fitness for any particular purpose. Neither iTick nor any of its information providers make any representations or warranties regarding the suitability of the information, software, products, or services contained in or referenced on the Website. If you are dissatisfied with the Website or have any other complaints, your sole and exclusive remedy is to terminate and cease accessing or using the Website.

We do not guarantee that you will be able to access or use the Website at the times or locations of your choosing; we do not guarantee that your use of the Website will be uninterrupted or error-free; we do not guarantee that defects will be corrected; and we do not guarantee that the Website is free from inaccurate information, false user statements, viruses, or other harmful components.

In no event shall iTick or its suppliers be liable for any damages (including, but not limited to, loss of profit, business interruption, or loss of information) arising from: (A) the accuracy, completeness, timeliness, or proper sequencing of any information contained on or referenced by the Website; (B) the performance of any software, products, or services provided on or through the Website; (C) any interruption in your access to the Website or inability to use any of the above content or any other aspect of the Website; or (D) any decisions made or actions taken based on reliance on any of the above content. Past performance of investments or investment strategies does not guarantee future results. Even if such damages were foreseeable.

iTick assumes no responsibility for any damage or virus that affects your computer equipment, software, data, or other property resulting from your access, use, or browsing of the Website or from downloading any materials, data, text, images, video, or audio from the Website or any linked websites. Additionally, iTick and its suppliers do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained in materials published, listed, downloadable, or linked on the Website. iTick may change or discontinue any part or all of these materials or the products described therein at any time without notice. iTick does not commit to updating the information on the Website.

To the fullest extent permitted by law, unless prohibited by law, in no event shall we or our affiliates, successors, licensors, business partners, assigns, or transferees (collectively referred to as "Affiliates") be liable to you for any liability arising from your use of the Website, whether based on contract, tort (including negligence), strict liability, or otherwise, nor shall we be liable for any losses or damages, including but not limited to direct, indirect, incidental, consequential, punitive, exemplary, or special damages, arising from or related to: access or use of the Website or service, even if we or our Affiliates have been advised of the possibility of such damages.

To the extent that the above limitations or exclusions are prohibited by applicable law, they may not apply to you and are void to the extent of such prohibition.

12. Termination

iTick may terminate your access to all or part of the Website at any time, with or without cause, and with or without notice, effective immediately. If you wish to terminate these Terms or your user account (if you have one), you can stop using the Website. All provisions of these Terms which by their nature should survive termination, including but not limited to ownership of intellectual property rights, disclaimer, indemnification, and limitation of liability, shall survive termination.

13. Modifications

iTick may modify these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms, as they are binding on you. Certain provisions of these Terms may be superseded by legally designated legal notices or terms located on particular pages of the Website.

14. General Provisions

Unless otherwise required by applicable law, these Terms and any access or use of the Website shall be governed by the laws of the State of Georgia, USA, without regard to its conflict of laws principles. The proper venue for any disputes arising out of or related to these Terms shall be the state and federal courts located in Atlanta, Georgia. If any part of these Terms is found to be invalid or unenforceable, that part will be interpreted to reflect the parties' intent, and the remaining parts will remain in full force and effect. Waiver by either party of any term or condition of these Terms or any breach thereof in any one instance shall not be deemed a waiver of such term or condition or any subsequent breach thereof. You may not assign or transfer your rights or obligations under these Terms to any party, including by operation of law. iTick may assign or transfer its rights under these Terms unconditionally. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.